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2025 DAILYLAW 26357 (JHR)

UMESH SINGH CHOUDHARY v. THE STATE OF JHARKHAND

A.B.A./5714/2025 · 2025-09-25

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:29916 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5714 of 2025 Umesh Singh Choudhary, aged about 38 years, son of Sahjanand Singh Choudhary, resident of village Pawapur (Chutyaro), Barwadih, P.O. Kharni, P.S. Barwadda, District-Dhanbad, ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. M.B. Lal, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P. 02/ 25.09.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Topchanchi P.S. Case No. 125/2022, registered under sections 414/34 of I.P.C, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 9/13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 , pending in the Court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel for the petitioner submits that the name of the petitioner has come in the confessional statement of driver of pick-up van on which coal was loaded. He further submits that petitioner has nothing to do with the said coal and the owner of the pick-up van has been granted anticipatory bail by the learned Sessions Judge and the driver of the said vehicle has been granted regular bail as he was apprehended. He also submits that apart from that no allegation is there so far as this petitioner is concerned. He then submits that the petitioner has three criminal antecedent of the year, 2019, 2020 and 2022 however he has been acquitted in the case registered in the year, 2019 and in another two cases he is on bail. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. ( 2025:JHHC:29916 ) 4. Learned counsel for the State opposes the prayer and submits that the petitioner has criminal antecedents. 5. There is no doubt that petitioner is having three criminal antecedents. However he has been acquitted in the case registered in the year, 2019 and in another two cases he is on bail. 6. In anticipatory bail and regular bail if criminal antecedent is there that is one of the consideration of granting anticipatory bail or regular bail however that cannot be only criteria of allowing and rejecting anticipatory bail and regular bail. 7. In the case in hand the name of the petitioner has come in the confessional statement of driver of pick-up van and it has been pointed out that the petitioner has nothing to do with the coal which has been loaded on the pick-up van. The owner of the pick-up van has been granted anticipatory bail by the learned Sessions Judge and the driver of the said vehicle has been granted regular bail. 8. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of her surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Topchanchi P.S. Case No. 125/2022, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.25.09.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-